You should only show your ID!
When law enforcement comes to your door to perform an address verification, you should only show them your ID. We suggest registrants do not speak with law enforcement without having an attorney present. Casual pleasantries, such as “how’s your day going?”, “it’s going fine” or “think we’ll get rain today?”, “sure looks like it” is totally fine, but if an officer asks to review your registry information or starts questioning you about compliance, we strongly suggest you tell them you will be happy to answer any questions they have but only with your attorney present.
In this week’s weekly update we reported about a sting operation in Volusia where 16 people were arrested. After cross referencing the names in the article with the charging affidavits filed with the Volusia County Clerk of Courts (https://app02.clerk.org/ccms/) we found the majority were arrested for registration violations after volunteering the information or stating they didn’t know they were supposed to register something (and thereby admitting). In several of these recent cases, attorneys have filed motions to suppress the confessions, statements or admissions that were obtained illegally, but that would have been unnecessary if they said nothing to begin with, which is a right you need to know that you have.
Naturally, we recommend everyone reading this familiarize yourselves with all registration requirements and comply. But we also remind you of your rights under the Fifth Amendment to the U.S. Constitution and Article One Section 9 of the Florida Constitution, to not incriminate yourself. The best practice to avoid doing so is to say nothing and not allow yourself to be pressured into speaking! And above all do not let them inside your property without a warrant.
KNOW YOUR RIGHTS!
If you need to, print out a copy of the ACLU’s Pocket Card on Police Encounters and keep it on yourself and by your front door.
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What about signing paperwork? In Wakulla, not only do they review all registry information, but they make you sign they were there and if you dont comply the registrant is told “Then I’ll put you down as unverifiable and we’ll issue a warrant.”
Please send a copy of what they make you sign. You DO NOT have to sign anything the police gives you. We know of nobody arrested or a warrant issued for what you describe.
Local pd same thing: you need to sign. If wife doesnt sogn or i dont then its a warrant even though im under no supervision. Was going to take a pic: its a standard form but then they cut out a strip with your picture and info (why asK for an id if they have it in front of them anyway)
get us a copy of what you are signing.
Yep. If such signing is not required by law, then they can’t force it.
I’ve often wondered exactly how they would attempt such a law in a way it wouldn’t get thrown out in court. How would it even read?
Perhaps “At least 1 time per year, you must allow law enforcement to visit your home and sign the verification form presented by them.” LOL, yeah, right. So how would that even work? I think courts would toss it.
How about, “If law enforcement sees you at your home and sticks a verification form in front of your face, you must sign it.”? That is less vague.
Kind of reminds me of where I live you must show up in their offices within 3 days of your birthday to give them your same information again, which they already have. They are saying that I cannot be out of town for all of those 3 days. If I want to be on vacation for 2 weeks, I have to plan around that harassment. F any “people” who think that is acceptable at all. Not in this country.
Each time I re-register, the sheriff’s office requires me to sign an electronic board and that signature ultimately appears on the re-registration receipt that I take home with me (note: always keep these receipts in a safe place forever). Of course, that receipt includes a bunch of pages of crap that I’ve agreed to by my signature. So, not only am I required to sign (I don’t see that requirement in any statute), but I’m required to sign something before reading it.
I had HCSO deputy come around announcing a predator check as they knocked on my door. I am not listed as a predator but as an offender. Before I was released from prison I had all sex offender restrictions removed from my probation no curfew no 1000 foot rule. But the catch is I still had them because I was listed as a registered sex offender on FDLE website.
I went to the Volusia County Clerk of Court website by clicking on the link provided in the article and randomly checked about half a dozen of the probable cause affidavits filed in these cases. In every single one, the defendant admitted to the registry violation(s) to the investigating police officers. One was for a Facebook account, one was for a telephone number, and the rest involved “vehicles owned.” Unless these individuals were informed of their right to remain silent, their incriminating statements should not be admissible in court.
It seems like it was the strategy of the police to get the registrants to admit to these petty, trivial registration violations. How is that not a blatant violation of their 5th Amendment Constitutional rights? This “sting” appears to have been completely predicated on coercing or tricking the registrants into incriminating themselves.
RM said :”Unless these individuals were informed of their right to remain silent, their incriminating statements should not be admissible in court.” That is incorrect. So called Miranda warnings are only required when a suspect is “in custody” and being interrogated. Hence what FAC is saying, do not volunteer any information during these LE visits since none of us meet the “in custody requirement” for the purposes of Miranda warnings.
RM, You can imagine what prompted this notification. Unfortunately some only discovered FAC after being blindsided by an arrest for something they weren’t aware of.
Would it be accurate to say that none of the individuals are FAC members?
Without identifying anyone— just testing my theory that involvement in FAC gives people information that protects them.
Good work by RM and FAC.
I can’t tell you how many time someone will contact me and say, “I sure wish I knew of your organization 3 days ago!”
And I can’t tell you how many times I’ve felt that FAC has helped keep me compliant with the law so I can sleep at night.
Agreed, never volunteer information. They will use sneaky methods to try to find an omission! The officer that comes to my door always asks if there is anything he can update for me, while he is here. As if he is doing me a favor.. I always tell him I have already taken care of everything at the registration office. When he tries to make conversation I just stare at him. He leaves after the uncomfortable silence.
“Any changes?,” I am sometimes asked.
Better not be, I think to myself.
As long as I have been registered in Florida the Sheriff’s open the gate to my driveway and let themselves in.
Thanks for the information about speaking to Law inforcement and what subjects I should have conversations with them or not. I have often wondered about that.
Obviously you need a lock on your gate. Criminals are getting in and putting your family in danger.
If you have a closed gate, police entering would be considered an invasion of the curtilage of your property and thus a warrantless search. Police can not enter the curtilage of a home (the area/land around your home), especially not the side or back yards or search any closed container on your property without a warrant or exigent circumstance (defined by case law).
Great info, FAC!!! I have told LE in Orange County this very thing…and I have presented them a business card of a criminal defense lawyer that has the invocation of rights printed on the back. LE has actually said they understand and have left. This has only occurred once in nearly 10 years bc they know I wont incriminate myself and all my registration information is up to date.